At the end of last year, we reported that a federal district court had imposed a last-minute temporary restraining order to block California from enforcing its new law (AB 51), which would have imposed criminal penalties on California employers that use mandatory arbitration agreements. That court has now issued a preliminary injunction that continues to
Court Temporarily Blocks California’s New Law (AB 51) That Prohibits Employers From Using Mandatory Arbitration Agreements
Beginning January 1, 2020, California law (known as AB 51) makes it a criminal misdemeanor for employers to require arbitration as a condition of employment. The law specifically prohibits mandatory arbitration of claims under the California Fair Employment and Housing Act (such as for discrimination, harassment, and retaliation) and claims for violations of the California
Getting Ready for 2020 – Employment and Privacy Law Seminars
Troutman Sanders will host an Employment and Privacy Law Seminar December 11th in our San Diego office and December 12th in our Orange County office. Both seminars will run from 8:00 – 10:00 a.m. and breakfast will be provided. Mark Payne, Chris Gelpi, Kristalyn Lee, and Sadia Mirza will discuss the
A-B-C: Not As Easy as 1-2-3 for California Employers to Maintain Independent Contractor Relationships Under AB-5
On September 18, 2019, California Governor Gavin Newsom signed into effect the much-anticipated AB-5 Bill, which imposes heightened standards when assessing whether to classify workers as independent contractors rather than employees. AB-5 will drastically affect California employers with workforces heavily reliant on independent contractors by forcing them to re-classify independent contractors as employees subject
California Supreme Court Rules Employees Cannot Recover Unpaid Wages Under PAGA
On September 12, 2019, the California Supreme Court ruled that an aggrieved employee bringing a representative action under California’s Private Attorneys General Act (PAGA) cannot recover unpaid wages. In ZB N.A. v. Superior Court, the plaintiff, Kalethia Lawson, brought a lawsuit alleging a sole cause of action under PAGA. She based her PAGA claim
California Employers May Owe Reporting Time Pay To Employees Who Do Not Actually Report For Work
In a 2-1 ruling on February 4, 2019, the Second Appellate District of the California Court of Appeals expanded requirements for reporting time pay by ruling that a California employer would owe reporting time pay if it requires an employee to call in to confirm a scheduled on-call shift, even when the employee does not